Birth Defect LawyersParents want their children to be perfect, but unfortunately this isn't always possible. When a child is born with a birth defect parents must act swiftly to ensure that their medical malpractice claim is filed within the proper timeframe.
Certain birth defects may be genetic, while others might be caused by prescription medications or exposure to harmful substances. Take receipts, bills, credit card payments and other documentation to assist your lawyer for birth defects determine what damages you deserve.
Medical Malpractice
Medical malpractice could cause serious birth injuries that could change a child's life for the rest of his life. These medical mistakes should never be made, but if they happen, families deserve to be compensated for their loss. These damages can cover medical expenses that have occurred in the past and in the future, and also any physical or emotional suffering that is caused by an injury.
Parents who believe they were the victims of medical malpractice before or after the birth of their baby can file lawsuits. To prove medical malpractice, a
birth defect lawyer will work with expert experts to establish the standard of care a doctor must adhere to in their field. They must then prove that the doctor was not following the standard of care and that is the reason for your injury.
There are two types of
birth defect lawsuits defects: congenital and acquired. Congenital birth defects are those that are present during the development of the womb and are usually genetic. On the other the other hand birth defects acquired by chance occur during or shortly after the birth process and are typically the result of trauma or medical mistake. For example the obstetrician that does not recognize the presence of fetal distress, or to make use of forceps correctly can cause a brain injury to the infant.
Being aware that your child is suffering from a birth defect can be stressful and overwhelming. A skilled and understanding medical malpractice lawyer can assist you through the previous steps without adding more stress to your family. They will also negotiate with hospitals, insurance companies and their defense lawyers to allow you to focus on your child's recovery.
Product Liability
Many birth defects are the result of medical negligence or malpractice during pregnancy and birth. Certain birth defects are caused by toxins which are ingested during the development of the fetus. This can include prescription medications that are not properly prescribed by physicians, industrial chemicals used in workplaces and toxic waste that pollutes air and water in communities. A birth defect attorney can examine these sources and seek compensation from those responsible.
Families could be impacted for the remainder of their lives due to a serious birth injury or children born with birth defects that are severe. They could require medical treatment, surgery or even therapy for the rest of their lives. This can lead to expensive medical bills that could be admissible for compensation. A birth defect lawyer who is compassionate and skilled can assist families in obtaining justice from medical professionals whose negligence caused the injury or the death of their child.
In certain cases the birth defect may be so severe that it causes the death of the infant. Parents of a deceased child may file a wrongful death lawsuit against the medical personnel involved in the pregnancy or delivery. This is an extreme situation however, it can happen in the most tragic circumstances. In Florida, parents of babies born with a serious birth defect that requires ongoing care may file a lawsuit for wrongful deaths against those responsible.
Birth Defects
The discovery that a child was born with a birth defect could be devastating for parents. These malformations can be costly procedures and treatments for a lifetime, and can also affect the quality of life of a family and mental health.
A birth defect could be anything from irregular rhythms in the baby's heart, to displaying an unusual appearance or a lack of developmental milestones for their age. Some birth defects are visible from the outside, whereas others are only detected by special tests. While certain causes are understood, approximately 30% remain unsolved.
Pregnancy is a complicated process, and even with the best of medical treatment, there is always the chance that something could happen to cause problems. This is true especially for women who are expecting because they are prescribed medications which have been linked with birth defects. It doesn't matter if the medication was prescribed by an obstetrician or purchased by a pharmaceutical firm for off-label use, the manufacturer may be held accountable for the birth defects that resulted from the medication they sold.
The timelines for bringing an action in court are very short. Parents who are shocked need a birth defect lawyer at their side as quickly as possible to ensure they don't miss the deadline for their case. This will enable the parents to collect as much compensation as possible.
Erb's Palsy
Erb's Palsy, also known as brachial palsy is a condition that causes injury to the nerves that control movement of the shoulder, arm and hand. It is typically caused by negligence in the medical process of birth, and can cause a permanent loss of sensation in the affected area.
The personnel who work in the birthing rooms are trained to recognize this risk and how to minimize it. The obstetrician will discuss the best positions for your baby during pregnancy and labor to reduce the risk. They should also have a plan of action in place in case your baby is stuck in the birth canal. This increases the chance of this kind of injury.
Your doctor may recommend daily physical therapy to help you become more flexible and strengthen the affected area. However, these treatments will not fully restore function in many cases. If your child is suffering from a serious illness surgery may be necessary to improve the outcome. There are a variety of surgeries that can be used to help patients, such as nerve grafting, tendon transfer and microsurgery.
A birth defect lawyer can help you in determining whether your child's injury was preventable. You could be able receive financial compensation from those who are responsible for your child's injury. A lawsuit could also help to bring you and your family closure.